WINSTON-SALEM, N.C. — A Winston-Salem man accused of raping a 12-year-old girl told a police detective the girl wanted to have sex with him and that he thought she was 17, according to testimony Wednesday, reported the Winston-Salem Journal.
Francisco Marquez Martinez, 39, of Cole Road is on trial in Forsyth Superior Court on charges of rape of a child, sexual offense with a child and taking indecent liberties with a child.
The girl, now 14, testified Tuesday that Martinez raped her on June 22, 2012. Martinez had come over to the house after being hired by the family to do some landscaping. The girl testified that Martinez started the work and then knocked on the back door when it started raining.
He asked to come in, but the girl said she told him to stay in the covered area just outside the entrance of the kitchen. Martinez then told the girl that she had a string coming off her clothing and proceeded to caress her buttocks. The girl testified that she felt uncomfortable and ran to her mother’s bedroom, where Martinez pinned her to the bed while kissing and touching her. She said she pushed him off her and ran into the bathroom, where she said Martinez raped her.
The Winston-Salem Journal generally does not identify victims of sexual assault or their families.
Martinez was interviewed by Winston-Salem police Det. John Tesh a few days after the incident. Tesh testified Wednesday that Martinez initially denied he had sexual contact with the girl. He said that the girl would pull up her clothing to show that she wasn’t wearing any underwear and tried to have sex with him, but that he refused because she was “a young lady.”
Later, Tesh said Martinez admitted to having sex with the girl but insisted that the sex was consensual. According to Tesh, Martinez said the girl led him to her mother’s bedroom where she placed one of his hands on her breast and the other on her genitals.
Tesh testified that Martinez told him that the girl led him into the bathroom and they had consensual sex. Martinez told police he thought the girl was 17 and sexually experienced, Tesh said. The girl testified Tuesday that she was a virgin.
Tesh said Martinez expressed shock when told that the girl was 12. Martinez told Tesh that he preached at a church in High Point and had been married for 17 years. Tesh said Martinez asked for forgiveness.
Paul James, the attorney for Martinez, tried to show through cross-examination of various witnesses that the girl had given inconsistent statements. In one incidence, he noted the girl had told a detective that the friend she had talked to was a girl and not a boy, contradicting her testimony Tuesday. James also argued through cross-examination that the girl had told officials she had fallen face-forward into the bathtub but testified that she had fallen on her back.
The trial is expected to last through the week.